Ninth Schedule and Parliamentary Power
Question
Consider the following statements:
Which of the statements given above is/are correct?
- 1.
The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- 2.
The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation
Statement 1 is correct: Parliament can place laws in the Ninth Schedule through amendments to the Constitution. The Ninth Schedule was introduced by the 1st Amendment and contains laws that are protected from judicial review to a large extent. Statement 2 is partially incorrect/outdated: Originally, laws in the Ninth Schedule were completely beyond judicial review. However, in the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even Ninth Schedule laws could be examined if they violate the basic structure of the Constitution. Subsequently, in various judgments, courts have maintained limited power to review Ninth Schedule laws on basic structure grounds. Therefore, the absolute statement in Statement 2 is not entirely accurate. > Parliament can amend Constitution to place laws in Ninth Schedule, but even these have limited judicial review if they violate basic structure doctrine. Answer: (a).
Question details
Year
2018
Paper
GS Paper 1
Question
Q5
Subject
Polity
Sub-topic
Constitutional Amendments and Ninth Schedule
Type
Statement-based
Difficulty
Medium
Nature
Static
Source hint
NCERT Polity Ch.5 - Constitutional Framework
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